Tag Archives: Public Trust Act

In light of several recent political scandals, including the arrests of Queens legislators Malcolm Smith and Dan Halloran, Governor Andrew Cuomo is cracking down on corruption.

He announced the Public Trust act on Tuesday, April 9, which would make it easier to convict wrongdoers of public corruption under broader legal definitions.

“Preventing public corruption is essential to ensuring that government works and can effectively keep the public’s trust,” said Cuomo. “The Public Trust Act recognizes that crimes of public corruption should be treated more seriously than other white-collar crimes because when they break the law, they also break the public trust that the people have placed in government.”

Crimes expanded under the new legislation include bribery of a public servant, defrauding the government and failure to report public corruption.

The Public Trust Act would also limit immunity for witnesses testifying before a grand jury investigating official misconduct or government fraud.

“We welcome these important new tools that Governor Cuomo is proposing today. They will strengthen our laws and make it possible for prosecutors to more effectively investigate and prosecute public corruption,” said District Attorney Richard Brown.

If they’re found guilty of corruption-related offenses, legislators or associates will face tougher jail sentences.
Anyone convicted would also be prohibited them from “holding any elected or civil office, lobbying, contracting, receiving state funding, or doing business with the state, directly or through an organization.”

Assemblymember Andrew Hevesi, who chairs the chamber’s Oversight, Analysis and Investigation Committee, told Community Board 9 on April 9 that the Smith debacle was “one of the stupidest scandals” he ever saw.

Hevesi, whose father, Alan, is on parole after being convicted on a “pay-to-play” scandal, said Cuomo’s reforms would do away with government loopholes.

“Part of the reform that Governor Cuomo has brought today is called ending the Wilson Pakula system,” Hevesi said.

“When you’re talking about checks and balances for a bad system, the governor announced today that that’s one of the things he’s looking at.”

The Wilson Pakula Certificate requires three of the five borough party chiefs to approve a candidate from another party to run for office as a member of their own party. In Smith’s case, the Democrat needed the green light from three Republican party chairs.

Hevesi’s committee will soon push for its own legislation that will help investigate the misuse of state funds or poor behavior by elected officials. Because the last few chairs had short tenures on the committee, Hevesi said it’s been hard to get long-term legislation put through.

State Senator Joseph Addabbo, in a statement, said the legislation put forth by Cuomo was long-awaited but the first step.

Addabbo testified before the Attorney General earlier this year on the need for campaign finance reform – another effort to help clean up Albany and party politics.

“It shouldn’t take a number of recently-arrested elected officials to wake up the Legislature to enact tougher ethics and anti-corruption laws. In Albany, it’s long overdue,” Addabbo said. “I am hopeful that the State Legislature expands on these proposals and explores other means of addressing the issue, such as passing campaign finance reform, along with other pending legislative measures.”